Blog Profile / 43(B)log


URL :http://tushnet.blogspot.com/
Filed Under:Industries / Law
Posts on Regator:2752
Posts / Week:6.3
Archived Since:March 17, 2008

Blog Post Archive

When is confusion unlikely for purposes of a motion to dismiss?

3 months agoIndustries / Law : 43(B)log

Nutter's IP Law Bulletin covers Southgate v. Soundspark, Inc., No. 14-CV-13861-ADB, 2016 WL 1268253 (D. Mass. Mar. 31, 2016), in which the court found confusion implausible on the pleadings based on a description of the parties' businesses. Show More Summary

District court still rejects contribution/contributory false advertising for supplier

3 months agoIndustries / Law : 43(B)log

Nestlé Purina Petcare Co. v. Blue Buffalo Co., No. 4:14 CV 859, 2016 WL 1579195 (E.D. Mo. Apr. 19, 2016) Previous ruling on ad agency’s potential liability for helping create allegedly false ads. Blue Buffalo also sought contribution...Show More Summary

All transformative from here: 2013 case about music in reality film

3 months agoIndustries / Law : 43(B)log

Threshold Media Corp. v. Relativity Media, LLC, No. CV 10-09318, 2013 WL 11287701 (C.D. Cal. Mar. 15, 2013) Older case that just popped up in my Westclip search; blogging because it’s still interesting after three years. Threshold sued Relativity for infringing its copyright in two sound recordings by using portions in Relativity’s film Catfish. Show More Summary

Minimal pleading of responsibility suffices to evade 230 dismissal

3 months agoIndustries / Law : 43(B)log

Congoo, LLC v. Revcontent LLC, 2016 WL 1547171, No. 16-401 (D.N.J. Apr. 15, 2016) The parties compete in the market for native advertising. Congoo alleged that Revcontent caused false/misleading native advertising to be published. Revcontent asserted §230 immunity. Show More Summary

Student IP writing competition from the Virginia Bar

3 months agoIndustries / Law : 43(B)log

Intellectual Property Section Intellectual Property Law Student Writing Competition For more than 40 years, the Intellectual Property Section of the Virginia State Bar has striven to advance the quality of intellectual law practice in the Commonwealth of Virginia. Show More Summary

Expert testimony in false advertising cases can rely on studies of other events

3 months agoIndustries / Law : 43(B)log

Concordia Pharmaceuticals, Inc. v. Method Pharmaceuticals, LLC, 2016 WL 1464639, No. 3:14CV00016 (W.D. Va. Apr. 13, 2016) Previous opinion on how announcing a product launch and not following up might be false advertising discussed here. Show More Summary

Further results from my FOIA case against ICE

4 months agoIndustries / Law : 43(B)log

With the assistance of Georgetown's Institute for Public Representation, I sued ICE to get it to answer some questions about why its representative claimed that "X sucks" merchandise would infringe X's trademark rights, at least where X is a sports team. Show More Summary

Comments on section 512 from the OTW and a few others

4 months agoIndustries / Law : 43(B)log

The Copyright Office has posted the responses to its notice of inquiry on 512. Here's the Organization for Transformative Works comment on 512. Also, among the 90,000+ responses, there are comments from Eric Goldman, and a comment based on the empirical work of the Takedown Project. Show More Summary

announcing product launch and pricing can be false advertising if no launch occurs

4 months agoIndustries / Law : 43(B)log

Concordia Pharmaceuticals, Inc. v. Method Pharmaceuticals, LLC, 2016 WL 1271082, No. 3:14CV00016 (W.D. Va. Mar. 29, 2016) Concordia bought the Donnatal line of pharmaceutical products from former plaintiff PBM. Donnatal is a prescription...Show More Summary

"Excessive use of professional reviewers" might be false advertising

4 months agoIndustries / Law : 43(B)log

Interlink Products Int’l, Inc. v. F & W Trading LLC, No. 15-1340, 2016 WL 1260713 (D.N.J. Mar. 31, 2016) The parties compete to sell showerheads; Interlink claims rights in the marks AQUASPA, AQUASTORM, AQUADANCE, and SPIRALFLO for showerheads. Show More Summary

Copyright Registration Practice with Robert Kasunic

4 months agoIndustries / Law : 43(B)log

Copyright Registration and the Compendium Robert Kasunic, Associate Register of Copyrights and Director of Registration Policy & Practice, U.S. Copyright Office 25 th anniversary of Feist. Cornerstone of his approach to copyrightability. Show More Summary

Organization for Transformative Works fundraising drive

4 months agoIndustries / Law : 43(B)log

Organization for Transformative Works membership drive : of possible interest to law-types in particular, we submitted over 100,000 words on 3 continents in 2015 in support of transformative noncommercial use. (Wow.) Please support the OTW with a donation! http://tushnet.blogspot.com/feeds/posts/default?alt=rss

Go to the mattresses: Tempurpedic wins TRO against Goldilocks claim

4 months agoIndustries / Law : 43(B)log

Tempur Seal Int’l, Inc. v. Wondergel, LLC, 2016 WL 1305155, No. 5:16-cv-83 (E.D. Ky. Apr. 1, 2016) The parties compete to sell mattresses. Wondergel created a comparative ad featuring a Tempurpedic mattress, though not identifying it by name. Show More Summary

No mark, no false designation of origin is still the rule in NY

4 months agoIndustries / Law : 43(B)log

Innovation Ventures, LLC v. Ultimate One Distributing Corp., 2016 WL 1317524, No. 12-CV-5354 (E.D.N.Y. Mar. 31, 2016) The Fourth Circuit’s Belmoradecision did more than create protection for foreign marks in the US; it created a conflict with a number of other doctrines about who can sue for trademark infringement. Show More Summary

Something smells: new product makes competitor's claims instantly literally false

4 months agoIndustries / Law : 43(B)log

Playtex Prods., LLC v. Munchkin, Inc., 2016 WL 1276450, No. 14-cv-1308 (S.D.N.Y. Mar. 29, 2016) Playtex makes a diaper pail, the Diaper Genie, with three current varieties: Diaper Genie Elite, Diaper Genie Essentials, and Diaper Genie Mini. Show More Summary

idea/expression distinction saves Toyota ad from infringement claim

4 months agoIndustries / Law : 43(B)log

Croak v. Saatchi & Saatchi, North America, Inc., No. 15 Civ. 7201 (S.D.N.Y. Mar. 31, 2016) James Croak created a sculpture, “Pegasus, Some Loves Hurt More Than Others,” a mixed-media, life- sized work that was first exhibited in 1983. Show More Summary

Copyright Registration Practice with Rob Kasunic

4 months agoIndustries / Law : 43(B)log

Copyright Registration Practice with Robert Kasunic Wednesday, April 06, 20162:00 PM - 5:30 PMAmerican University Washington College of Law4300 Nebraska Avenue, NW, Washington, DCCeremonial Courtroom NT01 Where I'll be tomorrow, probably...Show More Summary

Trademark issues seen in NYC

4 months agoIndustries / Law : 43(B)log

Toy Store: Might Pixar have anything to say? Banned books matchbooks: Slaughterhouse-Five and Fahrenheit 451 http://tushnet.blogspot.com/feeds/posts/default?alt=rss

comments on 512 from the Organization for Transformative Works

4 months agoIndustries / Law : 43(B)log

Available here. I look forward to participating in the Copyright Office's roundtable as well. http://tushnet.blogspot.com/feeds/posts/default?alt=rss

User-generated discontent: patents, gender, and innovation

4 months agoIndustries / Law : 43(B)log

The NYT has a fascinating story about innovation, menstruation, and the challenges of seeking backing for a project that combines the two. http://tushnet.blogspot.com/feeds/posts/default?alt=rss

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